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CHAP. L.

An act for opening and extending the navigation of Willis's river.

[Passed December 10, 1787.]

I. WHEREAS it is represented to this present general assembly, that the clearing, improving, and ex- Act for opentending the navigation of Willis's river, in the county ending navi. ing and exof Cumberland, to the highest part practicable, will gation of Wif be of public utility, and that many persons are willing lis's river. to subscribe considerable sums of money for carrying the same into effect, Be it therefore enacted, that Joseph Carrington, Mayo Carrington, Benjamin Wilson, Alexander Trent, jun. and George Anderson, gentlemen, be, and they are hereby constituted and appointed trustees for clearing, improving, and extending, the navigation of the said river, as far up the same as the Fork-Plantation, in the said county of Cumberland, so as to have a sufficient depth and width of water to navigate boats, batteaus, or canoes, capable of carrying twelve hogsheads of tobacco. And they are hereby authorized to take and receive subscriptions for that purpose. If any person or persons shall neglect or refuse to pay the several sums of money by them respectively subscribed for the purposes of this act, it shall be lawful for the said trustees to recover the same, in the name of the trustees aforesaid, by warrant before a single magistrate, where the subscription shall not exceed twenty-five shillings, and where it shall exceed that sum, by motion in the court of the said county of Cumberland, on giving the party so neglecting or refusing, ten days previous notice of such motion. That the said trustees, or a majority of them, shall, as soon as may be, proceed to view the said river, and ascertain as nearly as they can, the highest part capable of navigation, agreeable to this act, and have power to contract and agree with any person or persons for clearing and improving the navigation of the river aforesaid, in such manner as to the trustees shall seem most proper, and to remove all obstructions which shall in any wise injure the said navigation.

11. And be it further enacted, That the said trustees, or a majority of them, as often as they may see occasion, shall nominate and appoint one or more of their number, willing to undertake the same, to be receiver or receivers of all monies subscribed by virtue of this act, and the person or persons so appointed, shall, in the court of the said county give bond with sufficient security in a reasonable penalty, payable to the said trustees, and their successors, for the time being, with condition that he or they, his or their heirs, executors, or administrators, at all times when required, shall, and will truly and faithfully, account for all such sums of money, as shall come to the hands of the said receiver or receivers. for the purposes of this act, and pay the same to such person or persons as the said trustees, or a majority of them, shall order and direct.

III. And whereas it may be found necessary in some parts of the said river, to straighten the same by cutting away the banks, or by canals, Be it therefore enacted, that it shall and may be lawful for the said trustees, or a majority of them, to agree with the owners of any land, through which the said canals are intended to pass, for the purchase thereof, and in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non-compos, or out of the state, the like proceedings shall be had to estimate the value thereof, by a jury, as are directed and prescribed, by the act intituled “ An act for opening and extending the navigation of Potowmack river," and such valuation shall be paid by the said trustees to the owner of the land, or his legal representative, and on payment thereof, the said land shall thenceforth be vested in the said trustees, and their successors, in fee, for the purposes of this act.

IV. And be it further enacted, That the owners of mills on the said river, and every of them, shall, within eighteen months after the passing of this act, erect a sufficient lock or locks at each mill, for the passage of canoes, and batteaus, and thereafter keep the same in good repair; and if such owners, or any of them, shall neglect to erect such sufficient locks, within the said eighteen months, the mill or mills so as aforesaid deficient, are hereby declared nuisances, and shall and may be thrown down and destroyed; and in case any owner of a mill on the said river, shall fail to keep any

lock so erected, in good and sufficient repair, or shall fail to cause due attendance to be given thereat, for the reasonable dispatch of vessels navigating the said river, he or they so offending, shall forfeit and pay the sum of ten pounds for every such failure, to be recovered in the name of the said trustees by action of debt, or information in the court of the county where the owner or proprietor resides. So soon as the said

river shall be so cleared, as to admit of any easy and safe navigation, the said trustees, or a majority of them, shall divide the same into as many districts as they may think convenient, which they shall lay before the court of the said county of Cumberland, who shall appoint one fit person to each district, to superintend the keeping the same open, and clear of all obstructions, with a sufficient number of hands for that purpose, not exceeding seven for every mile, and the person and hands so appointed shall be exempted from working on the public roads. Every person appointed shall at least once in every month between the months of October and May in every year, and also immedi ately after every fresh in the said river, happening between the months aforesaid, go through his district, and remove all obstructions which he may find therein, and in case of failure, shall forfeit and pay the sum of forty shillings for every neglect, to be recovered with costs, by action of debt, or information, in the court of the said county. If any person or persons shall fell a tree in the said river, or fix any hedge or stop, or place other obstructions therein, he or they so offending shall forfeit and pay the sum of five pounds, to be recovered with costs by action of debt, or information in the court of the said county.

V. All penalties and forfeitures imposed by this act, shall be, and enure to the use of the said trustees, to be by them applied towards keeping the river open, and improving the navigation thereof. In case of the death, resignation, or other legal disability, of any of the said trustees, it shall be lawful for the remaining trustees to supply the vacancy.

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Act for open. ng and extending navi gation of Wil

lis's river ex plained and amended.

CHAP. LI.

An act to explain and amend the act for opening and extending the navigation of Willis's river.

[Passed December 24, 1787.]

I. WHEREAS it is judged expedient to explain and amend an act passed at the present session of general assembly intituled "An act for opening and extending the navigation of Willis's river." Be it enacted, that Willis Wilson, gentleman, be, and is hereby constituted and appointed a trustee for the purposes mentioned in the said recited act, in the room of Benjamin Wilson, gentleman, one of the trustees therein named. and who hath refused to act, and that Joshua Fry, and Edward Walton, gentlemen, be, and they are hereby constituted and appointed trustees for the purposes aforesaid, in addition to those already appointed, and the said trustees shall have power to clear, improve, and extend the navigation of the said river as far up the same as the Fork-Plantation, so as to have a sufficient depth, and width of water to navigate boats, batteaus, or canoes, capable of carrying four hogsheads of tobacco.

II. And be it further enacted, That the owners of mills on the said river, and every of them, shall, within eighteen months after passing this act, erect a sufficient lock or locks at each mill, for the passage of boats, batteaus, and canoes, ard thereafter keep the same in good repair, and if such owners, or any of them, shall neglect to erect such sufficient locks, within the said time, the mill or mills so as aforesaid deficient, are hereby declared nuisances, and the said trustees shall be, and they are hereby authorised and empowered to throw down, and destroy the same, and the owner or owners of any mill or mills, on the said river, failing to keep any lock so erected in good and sufficient repair, and failing to cause the attendance to be given thereat for the reasonable dispatch of vessels navigating the said river, shall be subject to the penalties inflicted by the said recited act, to be recovered as

therein directed. The persons to be appointed pursuant to the said recited act, to superintend the keeping of the said river open and clear, of all obstructions, shall, and they are hereby required to go through their respective districts, between the first and tenth days of each of the months of January, February, March, April, May, October, November, and December, in every year, and also immediately after every fresh in the said river, happening in the said months, or any of them, and remove all obstructions which they may find therein, which may in any manner injure the said navigation: and in case of failure, shall be subject to the same penalties, to be recovered in the same manner as directed by the said recited act. And if the hands appointed in pursuance to the directions of the said recited act for keeping the said river open, or any of them, shall fail to attend when called on by the said superintendant for the said purpose, he, or they, so failing, or if a slave or slaves, his or their respective masters or owners, shall forfeit and pay the sum of five shillings per hand for every day, he or they shall so fail, to be recovered with costs before a single magistrate, where the forfeitures shall not exceed twenty five shillings, and where they shall exceed that sum, by action of debt, or information, in the court of the said county.-In case of the death, resignation, or other legal disability to act, of any of the said trustees, it shall be lawfu. for the remaining trustees, or any four of them, to supply the vacancy by new appointments So much of the said recited act, as is repugnant to, or comes within the purview of this act, shall be, and the same is hereby repealed.

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